Civil Procedure — default judgment — motions to reopen

Wisconsin Court of Appeals

Civil

Civil Procedure — default judgment — motions to reopen

BV Nicolet, LLC and Albert Belmonte appeal an order denying their motion to reopen a default judgment entered in favor of Johnson Bank. The circuit court concluded BV Nicolet and Belmonte failed to establish extraordinary circumstances that would warrant reopening the default judgment under Wis. Stat. § 806.07(1)(h).[1] However, the court did not apply the five interest of justice factors set forth in Miller v. Hanover Insurance Co., 2010 WI 75, ¶36, 326 Wis. 2d 640, 785 N.W.2d 493. The court therefore failed to properly exercise its discretion. Accordingly, we reverse the order denying BV Nicolet and Belmonte’s motion to reopen, and we remand for the circuit court to apply the interest of justice factors. This opinion will not be published.

2011AP2186 Johnson Bank v. BV Nicolet LLC, et al.

Dist III, Kenosha County, Wilk, J., Per Curiam

Attorneys: For Appellant: Neary, Willard G., Milwaukee; Abruzzo, Joseph A, Milwaukee; For Respondent: Camilli, Thomas A., Jr., Kenosha